Damaged floor

bitsnbytes

nexuss wrote: »

In my mind it is gross negligence and make sure you pursue this.

Thanks for that, I'll give them a call next week and speak to them regarding this, if they don't I'll file a complaint with the insurance ombudsman. Will keep you updated on how it goes

substandard

bitsnbytes wrote: »

Thanks for that, I'll give them a call next week and speak to them regarding this, if they don't I'll file a complaint with the insurance ombudsman. Will keep you updated on how it goes

As previous poster said, I'd write to them rather than call - that way you can be clear of your point and have a record of the dispute.

As their letter seems to suggest the damage was done by other work going on at the time, I would draw attention to the fact that the damage was done by dragging a heavy item on a palette and ask if the delivery men are denying this is what they did. Give them enough rope and they might hang themselves with it. If not, at least you'll have a detailed written record of their claims which may prove useful later on.

If you do write, post the letter here because I'm sure you'll get lots of useful direction.

bitsnbytes

substandard wrote: »

As previous poster said, I'd write to them rather than call - that way you can be clear of your point and have a record of the dispute.

As their letter seems to suggest the damage was done by other work going on at the time, I would draw attention to the fact that the damage was done by dragging a heavy item on a palette and ask if the delivery men are denying this is what they did. Give them enough rope and they might hang themselves with it. If not, at least you'll have a detailed written record of their claims which may prove useful later on.

If you do write, post the letter here because I'm sure you'll get lots of useful direction.

Thanks a lot, it is a very good point. I'll write a letter about this and post it here before I mail it out

Thanks for all the help

Valli

I posted about the insurance ombudsman because it is the next step in the process; moreover (but I am guessing here...and basing this on 'different' legal experience) were you to go to court WITHOUT contacting the ombudsman that might well NOT be to your advantage as the court would expect you to follow 'due process' which would be complain to the company, then the ombudsman. Whether you could subsequently go to court if you still aren't satisfied I am not sure BUT the ombudsman is MUCH less expensive than filing even in small claims..the ombudsman is NOT court you just write to them with supporting documentation and they ajudicate.

Personally I believe that you do have to persist with these things - some people would accept the first rejection and leave it there - but there are those of us who are more tenacious and keep on fighting.

If delivery drivers drag goods through a house on a pallet I would be surprised if there was NO damage TBH...

Incidentally you are now at the no phone calls stage letters only (and keep copies - hard copies and on your PC) because you need a record of everything that is being said now.

(and it is PALLET (which you are using) not PALETTE - that's for art;))

sarahg1969

I take it your issue is with the insurance company on behalf of the deliverers? If so, then you do not have recourse to the insurance ombudsman. They only deal with complaints against insurance companies from people who are insured with that company. Unless it has changed recently?

If the insurers refuse to deal with the claim, then your only option is legal action against the company that delivered the dishwasher.

Valli

ah - hadn't realised that the insurance company were the deliverer's company.

Why not claim on your house insurance then - your insurers might claim against the delivery companies insurance?

bitsnbytes

Wow has it been a month already? I was caught up with matters of more importance and it has taken me this long to sort it out Anyway, I finally got around to composing the letter and I've copied it as below. Please do offer suggestions/advice on how I can improve or perhaps any points I may have missed out. I had spoken to the case manager at expert logistics and asked her to send me a copy of the surveyors report. She said she would in a couple of days. Since then I tried calling her but she hasn't bothered to call back or send out the surveyors report. Do advise

To,
xxxxxx

Ref: XXXXXXX

Dear Ms xxxxx,

We received a letter from Expert Logistics on 20th May informing us that our claim had been turned down. We have made several attempts to contact you over the past few weeks but have unfortunately not been able to speak to you directly. We did speak to a colleague of yours, Ms xxxx, on the 2nd of June outlining our concerns regarding your letter. We were assured that we would receive further information in a few days. But since we have not heard from anyone since then, we thought it best to send you a letter and await a written response to the following queries:

• In your letter you mention that the drivers said there was ‘work going on’ and tools were visible on the work surface. To answer that, the work was going on at the other end of the room and no tools were at any point lying in the hall and entrance of the dining room which had been kept clear to take delivery of the dishwasher. The only other materials received were brought in through the conservatory doors and did not pass through the damaged part of the floor at all.
• Since an interview was conducted with the drivers, we would like to see a copy of the same. We would like to ascertain the drivers’ response to questions raised by the independent surveyor when he came to our house to assess the damage. He asked us why the drivers (two of them) had dragged the item on its palette instead of using the 2 wheel trolley that is prescribed for this purpose. Since the delivery was not made as per required standards, we would like to see if this was taken account of in the interview with the drivers.
• We would like to see a copy of the independent surveyors report. When he was at our house he did say that he understood the damage to have been caused by dragging a palette through the hall. Since we have no idea what has gone into his final report, we would like to view a copy as you letter makes absolutely no reference to the independent surveyor’s conclusions.

We look forward to receiving your written response within the next ten days.

Yours sincerely,

maggie111

Spelling mistake last bullet point...

" view a copy as you letter makes" - should be youR.
Other than that it reads well.

Personally I would lead with bullet point number 3 first - that's your main hope.

Someone else would be better advised than I am but if it were me I would get their letter and after asking for a copy of the surveyors report I would reply to their letter point by point, and enclose a copy of their response so that's it's all kept together.

Good luck

NotQuiteNorbert

Good letter, however, I think it should be 'pallet' in this case, and not 'palette'.

bitsnbytes

maggie111 wrote: »

Spelling mistake last bullet point...

" view a copy as you letter makes" - should be youR.
Other than that it reads well.

Personally I would lead with bullet point number 3 first - that's your main hope.

Someone else would be better advised than I am but if it were me I would get their letter and after asking for a copy of the surveyors report I would reply to their letter point by point, and enclose a copy of their response so that's it's all kept together.

Good luck

NotQuiteNorbert wrote: »

Good letter, however, I think it should be 'pallet' in this case, and not 'palette'.

Thanks for the useful comments :T I've included these and have sent this off today first class recorded. Hopefully I should hear something back in a few days. Will definitely post the outcome when I get something back :beer:
Thanks again for all the help